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COBBLEY v. CITY OF CHALLIS

No. 31688.

139 P.3d 732 (2006)

143 Idaho 130

Stephen R. COBBLEY and Andrea L. Cobbley, husband and wife, Plaintiffs-Appellants, v. CITY OF CHALLIS, an Idaho municipal corporation; and Custer County, a political subdivision of the State of Idaho, Defendants-Respondents, and Anthony Gilliam and Gnyi Gilliam, husband and wife; Patsy Kindt and Rick Frost, husband and wife; Dennis Kugler and Cece Kugler, husband and wife; and Mike Rukavina, Interveners-Respondents.

Supreme Court of Idaho, Boise, March 2006 Term.

Rehearing Denied July 24, 2006.

Attorney(s) appearing for the Case

Stephen R. Cobbley and Andrea Cobbley, Challis, appellants pro se. Stephen R. Cobbley argued.

Blake G. Hall, Idaho Falls, for respondent City of Challis. Blake G. Hall argued. Martin C. Hendrickson, Boise, for respondent Custer County. Michael Moore argued. Thomas E. Dvorak, Boise, for respondent Interveners. Thomas E. Dvorak argued.

JONES, Justice.

The Cobbleys live along an unpaved road just outside the city limits of Challis in Custer County. They believed the City owned the road, and complained to the City about dust from speeding cars causing a nuisance and damaging their property. Unsatisfied with the City's response, they sued the City. The City denied ownership of the road and any duty to maintain it. While litigation proceeded, respondent Custer County validated the road pursuant to I...

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